THREE DAY
PROGRAM
CONTENT
UNDERSTANDING MANAGEMENT RIGHTS
• Bargained Rights vs. Residual Rights
• Making and enforcing rules
• Setting expectations and performance standards
• Management rights – what rights do you have?
• Employer policies and procedures
• Side deals – limiting your rights
• Conducting past practice audits
UNIONS AND THEIR ROLE
• Duty of fair representation
• Carriage of collective rights
• The Shop Steward and their role
• Leaves for union business – your rights
• Representation during investigations
• Dispute resolution – the alternative
• Ensuring disciplinary processes are followed
THE COLLECTIVE AGREEMENT
• Becoming familiar with employment laws
• Intent of collective agreement language
• Learning to read collective agreement language
• What are ‘letters of agreement’?
• The use of headings in a collective agreement
• What are mandatory provisions?
• The management rights clause
BUILDING CULTURE IN A UNIONIZED
ENVIRONMENT
• The ‘six-pack’ of culture
• Defi ning acceptable norms and practices
• Building positive traditions
• Recognizing positive role models
• Recognizing sub-cultures and cultural skewing
• Positive labour relations
• Disclosure of relevant information
• Building an interest-based dispute resolution model
WORKPLACE ISSUES
• Dealing with uncooperative employees
• Harassment of other employees
• Setting precedent – do you really want to?
• Consistency in the workplace
• Confronting to resolve
• Using sick days as an entitlement
MANAGING PERFORMANCE
• Setting the standard
• Communicating in a unionized environment
• Identifying performance problems
• Coaching and assistance
• Proving poor performance
• Creating a performance-based culture
MANAGING ABSENTEEISM
• Doctrine of Frustration
• Doctors’ notes and Dr. Automatic – what can you do?
• Culpable vs. non-culpable absenteeism
• The do’s and don’ts of a good absenteeism program
• Last chance agreements – what should they say?
• Considerations regarding non-culpable absenteeism
• Eliminating ‘patterned’ absenteeism
USING PROGRESSIVE DISCIPLINE
• Progressive discipline – when all else fails
• Discipline models
• How to develop discipline guidelines
• Three principles of progressive discipline
• The ‘dirty dozen’ – 12 key considerations of discipline
• Mitigating and aggravating principles
USING THE DISCIPLINARY PROCESS
• Consistent treatment does not mean identical treatment
• How to write effective disciplinary letters
• Culminating incidents – ‘the straw that breaks the camel’s
back’
• What is the standard of proof?
• Considering fairness and natural justice
• Why is timing of discipline important?
DOCUMENTATION & INVESTIGATIONS
• When and what to document
• Formal vs. informal conversations – is there a difference?
• Understanding how to use warnings to correct behaviour
• How to properly conduct an investigation
• Confi dentiality does not guarantee anonymity
• The do’s and don’ts of disciplinary meetings
GRIEVANCE MANAGEMENT
• Writing effective grievance replies
• Understanding grievances and hidden issues
• What the union and management are responsible for
• Seven steps to an effective grievance investigation
• What info must you gain from the investigation process?
• Effectively use ‘Step 1’ & 2’ meetings to your advantage
• What information should and must you disclose?
• ‘Without prejudice’ – what does it mean?
CASE STUDIES
• Insubordination and misconduct
• Absenteeism – setting expectations
• Enforcing workplace rules
• Standard of proof – balance of probability
• Breach of trust – the end of the relationship
MANAGING EMPLOYEES IN A UNIONIZED ENVIRONMENT
COMPLETION CERTIFICATE PROGRAM MATERIALS PROVIDED BREAKFAST / LUNCH & BEVERAGES INCLUDED
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